Uber Digests

What is the Miranda Doctrine?

Uberchan — Mon, 13 May 2013 14:08:13 +0000

The Miranda Doctrine or the Miranda Warning provides that:

1. A person in custody must be informed at the outset in clear and unequivocal terms that he has the right to remain silent and that anything he says can and will be used against him in a court of law;

2. He or she has ...

The Best Jobs To Have While Taking Up Law

Uberchan — Sat, 30 Mar 2013 23:07:00 +0000

Law school requires a hell lot of time and effort. As much as possible, once enrolled, one should devote all his or her time in studying law. But not all of us were blessed enough to have folks who can afford to send us to law school. I am studying in a law school ...

BAR MATTER: BENJAMIN DACANAY

Uberchan — Sat, 30 Mar 2013 18:12:45 +0000

READ CASE DIGEST HERE.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

B.M. No. 1678 December 17, 2007

PETITION FOR LEAVE TO RESUME PRACTICE OF LAW,
BENJAMIN M. DACANAY, petitioner.

...

Petition for Leave to Reclaim Practice of Law of Benjamin Dacanay

Uberchan — Sat, 30 Mar 2013 18:10:18 +0000

540 SCRA 424 – Civil Law – Private International Law – Nationality Theory – Practice of Law is Reserved for Filipinos

In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take advantage of Canada’s free medical aid program he became a Canadian citizen in ...

AVELINO vs COURT OF APPEALS

Uberchan — Fri, 29 Mar 2013 20:42:28 +0000

READ CASE DIGEST HERE.

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 115181 March 31, 2000

MARIA SOCORRO AVELINO, petitioner,
vs.
COURT OF APPEALS, ANGELINA AVELINO, ...

Maria Socorro Avelino vs Court of Appeals

Uberchan — Fri, 29 Mar 2013 20:39:27 +0000

Remedial Law – Special Proceedings – Letters of Administration – Judicial Partition

In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed a petition for the issuance of letters of administration of the estate of his deceased father. All the other heirs however opposed the petition and ...

Sample Articles of Incorporation (with by laws): Non Stock Corporation

Uberchan — Fri, 29 Mar 2013 08:54:46 +0000

Articles of Incorporation
of the

Baguio City Overseas Workers Foundation, Inc.

KNOW ALL MEN BY THESE PRESENTS:

That we, all of whom are of legal age and residents of the Philippines, have this day voluntarily associated ourselves for the purpose of organizing the Foundation, a non-stock and non-profit ...

MACALINTAL vs COMELEC

Uberchan — Wed, 20 Mar 2013 06:44:10 +0000

READ CASE DIGEST HERE.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 157013 July 10, 2003

ATTY. ROMULO B. MACALINTAL, petitioner,

vs.

COMMISSION ON ELECTIONS, HON. ALBERTO ROMULO, in his official ...

Romulo Macalintal vs Commission on Elections

Uberchan — Wed, 20 Mar 2013 05:54:00 +0000

Political Law – Election Laws – Absentee Voters Act – Proclamation of Winners in a National Elections

Romulo Macalintal, as a lawyer and a taxpayer, questions the validity of the Overseas Absentee Voting Act of 2003 (R.A. 9189). He questions the validity of the said act on the following grounds, among others:

...

2012 Bar Exam Results

Uberchan — Wed, 20 Mar 2013 04:35:46 +0000

TOP TEN

1. INGLES, Ignatius Michael D., Ateneo de Manila University, 85.640%
2. KING KAY, Catherine Beatrice O., Ateneo de Manila University, 84.720%
3. LACSON, April Carmela B., University of the Philippines, 84.480%
4. ROMUALDO, Xavier Jesus D., Ateneo de Manila University, 84.100%
5. BASE, Maria Graciela D., University of the ...

Who is a nuisance candidate?

Uberchan — Wed, 06 Mar 2013 06:42:21 +0000

A nuisance candidate is defined as follows:

1. One who files his candidacy to put the election process in mockery or disrepute
2. One who causes confusion amont the voters by the similarity of the names of the registered candidates
3. one who, based on demonstrable circumstances or acts, has no ...

PEÑA vs COURT OF APPEALS

Uberchan — Tue, 05 Mar 2013 07:51:31 +0000

READ CASE DIGEST HERE.

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 91478 February 7, 1991

ROSITA PEÑA petitioner,

vs.

THE COURT OF APPEALS, SPOUSES RISING T. YAP and CATALINA YAP, PAMPANGA ...

Rosita Peña vs Court of Appeals

Uberchan — Tue, 05 Mar 2013 07:45:58 +0000

193 SCRA 717 – Business Organization – Corporation Law – Board resolutions may be questioned by third persons – Board Meetings – Quorum – Sale of Corporate Properties

In 1962, the Pampanga Bus Company (PAMBUSCO) took out a loan from the Development Bank of the Philippines (DBP). PAMBUSCO used the parcels of ...

SAN FERNANDO vs STA. ROMANA

Uberchan — Sun, 03 Mar 2013 14:54:32 +0000

READ CASE DIGEST HERE.

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. L-30159 March 31, 1987

MUNICIPALITY OF SAN FERNANDO, LA UNION represented by Mayor LORENZO L. DACANAY, plaintiff-appellee, (respondent)

vs.

MAYOR TIMOTEO STA. ...

Municipality of San Fernando, La Union vs Timoteo Sta. Romana

Uberchan — Sun, 03 Mar 2013 14:51:25 +0000

Taxation – Local Taxation – Taxes Levied By a Province – Sand and Gravel Fee

In 1968, the Municipality of San Fernando, La Union undertook road constructions. It sent its trucks to the nearby Municipality of Luna, La Union to gather sand and gravel. But then the agents of the Luna, La ...